Regulations question

[BobT]

Quote:

You may operate an off-highway vehicle on a bridge, a roadway shoulder, or the inside bank of a public road right-of-way if necessary to avoid obstructions to travel or environmentally sensitive areas. You must remain in the farthest righthand lane, enter the roadway within 100 feet of the bridge, obstacle or area, and make the crossing without delay.

During the summer months we are restricted from riding in road ditches to protect so-called nesting areas as well as to protect against erosion. Does a road ditch therefore fit the definition of an environmentally sensitive area and if so, is it then permitted to drive on the far right-hand shoulder to avoid the ditch?

[Dave S]

It does appear this would be a loop-hole, but to answer your question Bob, No. I have yet to see this fly as a reason or excuse to ride on the road right of way. However, if you do have agricultural reasons, you can purchase the private use (ag permit) registration and ride on the extreme right hand side of the road basically year-round.

But what this really amounts to, IMO, is one loop-hole to patch another.

[BobT]

Just curious I guess.

[Dave S]

It wouldn't matter if you're in a Class II ATV. You can ride county and townshsip roads with their registration unless it's banned by the local autority.